[Congressional Record Volume 149, Number 162 (Monday, November 10, 2003)]
[Senate]
[Pages S14364-S14366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2143. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 150, to make permanent the moratorium on taxes on 
Internet access and multiple and discriminatory taxes on electronic 
commerce imposed by the Internet Tax Freedom Act; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S14365]]

     SEC. __. SENSE OF SENATE ON NONTAXATION OF E-MAIL.

       (a) Findings.--The Senate finds that--
       (1) the Internet is an indispensable part of global 
     electronic connectivity and will only become more useful and 
     indispensable as new technologies continue to be developed;
       (2) Internet usage continues to grow exponentially in the 
     United States and around the world;
       (3) the Internet is used by every age group in our 
     population and its use continues to increase regardless of 
     income, education, age, race, ethnicity, or gender;
       (4) our citizens rely on the Internet for real-time 
     information, news, communication and commerce;
       (5) the Internet and e-mail have succeeded in linking 
     people across the country and around the world for personal, 
     commercial, cultural, educational, governmental and a variety 
     of other types of interactions;
       (6) millions of e-mails are sent across the United States 
     on a daily basis;
       (7) the use of e-mail has allowed Americans to communicate 
     to one another more information more conveniently, 
     frequently, and inexpensively;
       (8) taxing of e-mail would be a detriment to the continued 
     growth of the Internet; and
       (9) taxing of e-mail would have a negative financial impact 
     on our citizens who use email to communicate with their 
     family, friends, and coworkers.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that e-mail should not now, or in the future, be taxed by 
     Federal, state, or local governments.
                                 ______
                                 
  SA 2144. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2799, making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 77, between lines 20 and 21, insert the following:
       Sec. 413. A Mexican national described in section 
     212.1(c)(1)(i) of title 8 of the Code of Federal Regulations, 
     as in effect on the date of enactment of this Act, shall be 
     admitted as a nonimmigrant visitor for a period of 6 months.
                                 ______
                                 
  SA 2145. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 2799, making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 30, line 10, strike ``$36,994,000'' and insert 
     ``$41,994,000''.
                                 ______
                                 
  SA 2146. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 2799, making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       Insert at the appropriate place:

     SECTION 1. TREATMENT AS AGENT OF A FOREIGN POWER UNDER 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
                   OF NON-UNITED STATES PERSONS WHO ENGAGE IN 
                   INTERNATIONAL TERRORISM WITHOUT AFFILIATION 
                   WITH INTERNATIONAL TERRORIST GROUPS.

       (a) In General.--Section 101(b)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) engages in international terrorism or activities in 
     preparation therefor; or.''
       (b) Sunset.--The amendment made by subsection (a) shall be 
     subject to the sunset provision in section 224 of the USA 
     PATRIOT Act of 2001 (Public Law 107-56; 115 Stat. 295), 
     including the exception provided in subsection (b) of such 
     section 224.

     SEC. 2. ADDITIONAL ANNUAL REPORTING REQUIREMENTS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Additional Reporting Requirements.--The Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) is amended--
       (1) by redesignating--
       (A) title VI as title VII; and
       (B) section 601 as section 701; and
       (2) by inserting after title V the following new title VI:

                   ``TITLE VI--REPORTING REQUIREMENT


                ``annual report of the attorney general

       ``Sec. 601. (a) In addition to the reports required by 
     sections 107, 108, 306, 406, and 502 in April each year, the 
     Attorney General shall submit to the appropriate committees 
     of Congress each year a report setting forth with respect to 
     the one-year period ending on the date of such report--
       ``(1) the aggregate number of non-United States persons 
     targeted for orders issued under this Act, including a break-
     down of those targeted for--
       ``(A) electronic surveillance under section 105;
       ``(B) physical searches under section 304;
       ``(C) pen registers under section 402; and
       ``(D) access to records under section 501;
       ``(2) the number of individuals covered by an order issued 
     under this Act who were determined pursuant to activities 
     authorized by this Act to have acted wholly alone in the 
     activities covered by such order;
       ``(3) the number of times that the Attorney General has 
     authorized that information obtained under this Act may be 
     used in a criminal proceeding or any information derived 
     therefrom may be used in a criminal proceeding; and
       ``(4) in a manner consistent with the protection of the 
     national security of the United States--
       ``(A) the portions of the documents and applications filed 
     with the courts established under section 103 that include 
     significant construction or interpretation of the provisions 
     of this Act, not including the facts of any particular 
     matter, which may be redacted;
       ``(B) the portions of the opinions and orders of the courts 
     established under section 103 that include significant 
     construction or interpretation of the provisions of this Act, 
     not including the facts of any particular matter, which may 
     be redacted.
       ``(b) The first report under this section shall be 
     submitted not later than six months after the date of the 
     enactment of this Act. Subsequent reports under this section 
     shall be submitted annually thereafter.
       ``(c) In this section, the term `appropriate committees of 
     Congress' means--
       ``(1) the Select Committee on Intelligence and the 
     Committee on the Judiciary of the Senate; and
       ``(2) the Permanent Select Committee on Intelligence and 
     the Committee on the Judiciary of the House of 
     Representatives.''.
       ``(b) Clerical Amendment.--The table of contents for that 
     Act is amended by striking the items relating to title VI and 
     inserting the following new items:

                   ``TITLE VI--REPORTING REQUIREMENT

       ``(Sec. 601. Annual report of the Attorney General.

                      ``TITLE VII--EFFECTIVE DATE

       ``(Sec. 701. Effective date.''
                                 ______
                                 
  SA 2147. Mr. CRAIG (for himself and Mr. Hagel) submitted an amendment 
intended to be proposed by him to the bill H.R. 2799, making 
appropriations for the Departments of Commerce, Justice, and State, the 
Judicary, and related agencies for the fiscal year ending September 30, 
2004, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DISTRICT JUDGESHIP FOR THE NORTHERN DISTRICT OF 
                   ALABAMA.

       (a) Additional Permanent District Judgeship.--The President 
     shall appoint, by and with the advice and consent of the 
     Senate, 1 additional district judge for the northern district 
     of Alabama.
       (b) Technical and Conforming Amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Alabama and inserting the 
     following:

``Alabama:
    Northern.....................................................8 ....

    Middle.......................................................3 ....

    Southern..................................................3.''.....

     SEC. __. DISTRICT JUDGESHIPS FOR THE DISTRICT OF ARIZONA.

       (a) Additional Permanent District Judgeships.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate, 2 additional district judges for the district 
     of Arizona.
       (b) Technical and Conforming Amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Arizona and inserting the 
     following:

    ``Arizona................................................14.''.....

     SEC. __. DISTRICT JUDGESHIPS FOR THE EASTERN AND SOUTHERN 
                   DISTRICTS OF CALIFORNIA.

       (a) Additional Permanent District Judgeships.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate--
       (1) 3 additional district judges for the eastern district 
     of California; and
       (2) 1 additional district judge for the southern district 
     of California.
       (b) Conversion of Temporary Judgeship to Permanent 
     Judgeship.--The existing judgeship for the eastern district 
     of California authorized by section 203(c) of the Judicial 
     Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-
     650) shall, as of the date of enactment of this Act, be 
     authorized under section 133 of title 28, United States Code, 
     and the incumbent in that office shall hold the office under 
     section 133 of title 28, United States Code (as amended by 
     this Act).
       (c) Technical and Conforming Amendment.--
       (1) In general.--The table under section 133(a) of title 
     28, United States Code, is amended by striking the item 
     relating to California and inserting the following:

``California:
    Northern....................................................14 ....

[[Page S14366]]

    Eastern.....................................................10 ....

    Central.....................................................27 ....

    Southern.................................................14.''.....

       (2) Effective date.--This subsection shall take effect on 
     the later of--
       (A) the date of enactment of this Act; or
       (B) July 16, 2003.

     SEC. __. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.

       (a) Additional Permanent District Judgeship.--The President 
     shall appoint, by and with the advice and consent of the 
     Senate, 1 additional district judge for the district of 
     Idaho.
       (b) Technical and Conforming Amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Idaho and inserting the 
     following:

  ``Idaho.....................................................3.''.....

     SEC. __. TEMPORARY JUDGESHIP FOR THE NORTHERN DISTRICT OF 
                   IOWA.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional judge for 
     the northern district of Iowa.
       (b) Vacancy Not Filled.--The first vacancy in the office of 
     district judge in the northern district of Iowa occurring 10 
     years or more after the confirmation date of the judge named 
     to fill the temporary district judgeship created by this 
     subsection, shall not be filled.

     SEC. __. CONVERSION OF TEMPORARY JUDGESHIP TO PERMANENT 
                   JUDGESHIP FOR THE DISTRICT OF NEBRASKA.

       (a) In General.--The existing judgeship for the district of 
     Nebraska authorized by section 203(c) of the Judicial 
     Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-
     650) shall, as of the date of enactment of this Act, be 
     authorized under section 133 of title 28, United States Code, 
     and the incumbent in that office shall hold the office under 
     section 133 of title 28, United States Code (as amended by 
     this Act).
       (b) Technical and Conforming Amendments.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Nebraska and inserting the 
     following:

    ``Nebraska................................................4.''.....

     SEC. __. DISTRICT JUDGESHIPS FOR THE EASTERN DISTRICT OF NEW 
                   YORK.

       (a) Additional Permanent District Judgeships.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate, 2 additional district judges for the eastern 
     district of New York.
       (b) Technical and Conforming Amendment.--
       (1) In general.--The table under section 133(a) of title 
     28, United States Code, is amended by striking the item 
     relating to New York and inserting the following:

``New York:
    Northern.....................................................5 ....

    Southern....................................................28 ....

    Eastern.....................................................17 ....

    Western...................................................4.''.....

       (2) Effective date.--This subsection shall take effect on 
     the later of--
       (A) the date of enactment of this Act; or
       (B) July 16, 2003.

     SEC. __. TEMPORARY JUDGESHIP FOR THE EASTERN DISTRICT OF NEW 
                   YORK.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate 1 additional judge for 
     the eastern district of New York.
       (b) Vacancy Not Filled.--The first vacancy in the office of 
     district judge in the eastern district of New York occurring 
     10 years or more after the confirmation date of the judge 
     named to fill the temporary district judgeship created by 
     this subsection, shall not be filled.

     SEC. __. DISTRICT JUDGESHIP FOR THE DISTRICT OF SOUTH 
                   CAROLINA.

       (a) Additional Permanent District Judgeship.--The President 
     shall appoint, by and with the advice and consent of the 
     Senate, 1 additional district judge for the district of South 
     Carolina.
       (b) Technical and Conforming Amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to South Carolina and inserting 
     the following:

    ``South Carolina.........................................11.''.....

     SEC. __. DISTRICT JUDGESHIP FOR THE DISTRICT OF UTAH.

       (a) Additional Permanent District Judgeship for the 
     District of Utah.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of Utah.
       (b) Technical and Conforming Amendments.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Utah and inserting the 
     following:

6.''.tah.............................................................

                          ____________________